Tuesday, December 19, 2006

Americans on America

"Freedom , not safety , is the highest good."

"[O]vergrown military establishments are under any form of government inauspicious to liberty, and are to be regarded as particularly hostile to republican liberty."

- George Washington Washington's Farewell Address, 1796





"Government is not reason. It is not eloquence. It is a force, like fire: a dangerous servant and a terrible master."

- George Washington




"I would rather be exposed to the inconveniences attending too much liberty than those attending too small a degree of it."

"I abhor war and view it as the greatest scourge of mankind."

"It is more dangerous that even a guilty person should be punished without the forms of law than that he should escape."

"Resort is had to ridicule only when reason is against us."

"Dissent is the highest form of patriotism."

"Question even the existence of a God; if there be one, he must approve of the homage of reason over that of blind-folded fear."
- Thomas Jefferson




"All men having power ought to be mistrusted."

"No nation could preserve its freedom in the midst of continual warfare."

"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."

"It is a universal truth that the loss of liberty at home is to be charged to the provisions against danger, real or pretended, from abroad."

"Of all the enemies of public liberty, war is perhaps the most to be dreaded, because it comprises and develops the germ of every other."

"The executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war."

"The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse."

"The means of defense against foreign danger historically have become the instruments of tyranny at home."
- James Madison




"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."
-
Benjamin Franklin




"They may introduce the practice of France, Spain, and Germany--of torturing, to extort a confession of the crime. They will say that they might as well draw examples from those countries as from Great Britain, and they will tell you that there is such a necessity of strengthening the arm of government, that they must have a criminal equity, and extort confession by torture, in order to punish with still more relentless severity. We are then lost and undone ..."
- Thomas Paine, Debate in the Virginia Ratifying Convention, June 16, 1788

Monday, August 21, 2006

Human Nature

Now come back to the present while I demonstrate that the identical trust placed in ordinary people two hundred years ago still survives where it suits managers of our economy to allow it. Consider the art of driving, which I learned at the age of eleven. Without everybody behind the wheel, our sort of economy would be impossible, so everybody is there, IQ notwithstanding. With less than thirty hours of combined training and experience, a hundred million people are allowed access to vehicular weapons more lethal than pistols or rifles. Turned loose without a teacher, so to speak. Why does our government make such presumptions of competence, placing nearly unqualified trust in drivers, while it maintains such a tight grip on near-monopoly state schooling?

An analogy will illustrate just how radical this trust really is. What if I proposed that we hand three sticks of dynamite and a detonator to anyone who asked for them. All an applicant would need is money to pay for the explosives. You’d have to be an idiot to agree with my plan—at least based on the assumptions you picked up in school about human nature and human competence.

And yet gasoline, a spectacularly mischievous explosive, dangerously unstable and with the intriguing characteristic as an assault weapon that it can flow under locked doors and saturate bulletproof clothing, is available to anyone with a container. Five gallons of gasoline have the destructive power of a stick of dynamite.3 The average tank holds fifteen gallons, yet no background check is necessary for dispenser or dispensee. As long as gasoline is freely available, gun control is beside the point. Push on. Why do we allow access to a portable substance capable of incinerating houses, torching crowded theaters, or even turning skyscrapers into infernos? We haven’t even considered the battering ram aspect of cars—why are novice operators allowed to command a ton of metal capable of hurtling through school crossings at up to two miles a minute? Why do we give the power of life and death this way to everyone?

It should strike you at once that our unstated official assumptions about human nature are dead wrong. Nearly all people are competent and responsible; universal motoring proves that. The efficiency of motor vehicles as terrorist instruments would have written a tragic record long ago if people were inclined to terrorism.
- John Taylor Gatto, The Underground Histroy of American Education

Monday, January 30, 2006

Environment

Every significant indicator of global environmental health is heading in the wrong direction.
- Adam Werbach, former Sierra Club President

Tuesday, July 05, 2005

Peace and Dissent

It's the job of thinking people not to be on the side of the executioners.
- Albert Camus

To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public.
- Teddy Roosevelt

Loyalty in character means absolute obedience that does not question the results of the order nor its reasons, but rather obeys for the sake of obedience itself. Such obedience is an expression of heroic character when following the order leads to personal disadvantage or seems even to contradict one's personal convictions.
- Rudolf Hess, 25 February 1934, "The Oath to Adolf Hitler"

Monday, July 04, 2005

Downing Street Memo and Other Lies for War

Conspiracy to commit offense or to defraud United States

If two or more persons conspire either to commit any offense
against the United States, or to defraud the United States, or any
agency thereof in any manner or for any purpose, and one or more of
such persons do any act to effect the object of the conspiracy,
each shall be fined under this title or imprisoned not more than
five years, or both.

- U.S. Code, Chapter 19, Section 371




a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --
  1. falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
  2. makes any materially false, fictitious, or fraudulent statement or representation; or
  3. makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.

- False Statements Accountability Act of 1996

Monday, June 27, 2005

Guantanamo, etc.


ARTICLE I
The Republic of Cuba hereby leases to the United States, for the time required for the purposes of coaling and naval stations, the following described areas of land and water situated in the Island of Cuba:

1st. In Guantanamo...




VII. That to enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points to be agreed upon with the President of the United States.





Geneva Convention relative to the Treatment of Prisoners of War
Adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of
International Conventions for the Protection of Victims of War, held in Geneva
from 21 April to 12 August, 1949
entry into force 21 October 1950

Article 5
The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

Article 130
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.

Convention against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment
Adopted and opened for signature, ratification and accession byGeneral Assembly resolution 39/46 of 10 December 1984
entry into force 26 June 1987, in accordance with article 27 (1)

Article 1
1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.
Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
Article 3
1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.
Article 5
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:
(a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
(b) When the alleged offender is a national of that State;
(c) When the victim is a national of that State if that State considers it appropriate.
2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.
Article 6
...
4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.
Article 10

1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.

2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person.
Article 11
Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.
Article 12

Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.
Article 13
Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
Article 14

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.
Article 15

Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.
Article 16

1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.

Tuesday, June 07, 2005

Nuclear Weapons

If I were to characterize US and NATO nuclear policies in one sentence, I would say they are immoral, illegal and militarily unnecessary.
- Former U.S. Secretary of Defense Robert McNamara